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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal jurisdiction of the supreme court and the |
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abolishment of the court of criminal appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.04. SUPREME COURT [OF CRIMINAL APPEALS] |
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Sec. 1. The Supreme Court [of Criminal Appeals] and each |
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justice of the court [judge thereof shall] have[, and is hereby
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given,] the power and authority to grant and issue and cause the |
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issuance of: |
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(1) writs of habeas corpus; |
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(2) [, and,] in criminal law matters, the writs of |
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mandamus, procedendo, prohibition, and certiorari; and |
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(3) any [. The court and each judge thereof shall
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have, and is hereby given, the power and authority to grant and
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issue and cause the issuance of such] other writs [as may be] |
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necessary to protect its jurisdiction or enforce its judgments. |
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Sec. 2. The Supreme Court has [of Criminal Appeals shall
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have, and is hereby given,] final appellate and review jurisdiction |
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in criminal cases coextensive with the limits of the state, and its |
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determinations are [shall be] final. [The appeal of all cases in
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which the death penalty has been assessed shall be to the Court of
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Criminal Appeals. In addition, the Court of Criminal Appeals may,
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on its own motion, with or without a petition for such discretionary
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review being filed by one of the parties, review any decision of a
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court of appeals in a criminal case. Discretionary review by the
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Court of Criminal Appeals is not a matter of right, but of sound
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judicial discretion.] |
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SECTION 2. Section 52.092(c), Election Code, is amended to |
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read as follows: |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) railroad commissioner; |
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(8) chief justice, supreme court; |
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(9) justice, supreme court[;
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[(10) presiding judge, court of criminal appeals;
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[(11) judge, court of criminal appeals]. |
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SECTION 3. Section 172.021(g), Election Code, is amended to |
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read as follows: |
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(g) A candidate for the office of chief justice or justice, |
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supreme court, [or presiding judge or judge, court of criminal
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appeals,] who chooses to pay the filing fee must also accompany the |
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application with a petition that complies with the requirements |
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prescribed for a petition authorized by Subsection (b), except that |
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the minimum number of signatures that must appear on the petition |
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required by this subsection is 50 from each court of appeals |
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district. |
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SECTION 4. Section 22.001(a), Government Code, is amended |
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to read as follows: |
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(a) The supreme court has appellate jurisdiction [, except
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in criminal law matters,] coextensive with the limits of the state |
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and extending to all questions of law arising in the following cases |
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when they have been brought to the courts of appeals from appealable |
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judgment of the trial courts: |
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(1) a case in which the justices of a court of appeals |
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disagree on a question of law material to the decision; |
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(2) a case in which one of the courts of appeals holds |
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differently from a prior decision of another court of appeals or of |
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the supreme court on a question of law material to a decision of the |
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case; |
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(3) a case involving the construction or validity of a |
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statute necessary to a determination of the case; |
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(4) a case involving state revenue; |
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(5) a case in which the railroad commission is a party; |
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and |
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(6) any other case in which it appears that an error of |
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law has been committed by the court of appeals, and that error is of |
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such importance to the jurisprudence of the state that, in the |
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opinion of the supreme court, it requires correction, but excluding |
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those cases in which the jurisdiction of the court of appeals is |
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made final by statute. |
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SECTION 5. Section 22.002(a), Government Code, is amended |
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to read as follows: |
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(a) The supreme court or a justice of the supreme court may |
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issue writs of procedendo and certiorari and all writs of quo |
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warranto and mandamus agreeable to the principles of law regulating |
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those writs, against a statutory county court judge, a statutory |
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probate court judge, a district judge, a court of appeals or a |
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justice of a court of appeals, or any officer of state government |
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except the governor[, the court of criminal appeals, or a judge of
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the court of criminal appeals]. |
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SECTION 6. The heading to Subchapter B, Chapter 22, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. SUPREME COURT: [OF] CRIMINAL APPEALS |
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SECTION 7. Subchapter B, Chapter 22, Government Code, is |
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amended by adding Section 22.1011 to read as follows: |
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Sec. 22.1011. REFERENCE TO COURT OF CRIMINAL APPEALS. A |
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reference in state law to the court of criminal appeals means the |
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supreme court, a reference to a judge of the court of criminal |
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appeals means a justice of the supreme court, and a reference to the |
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presiding judge of the court of criminal appeals means the chief |
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justice of the supreme court. |
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SECTION 8. Sections 22.102 and 22.103, Government Code, are |
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amended to read as follows: |
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Sec. 22.102. MANDATE. When the court from which an appeal |
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is taken is deprived of jurisdiction over the case pending the |
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appeal and the case is determined by a court of appeals or the |
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supreme court [of criminal appeals], the mandate of the appellate |
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court that determined the case shall be directed to the court that |
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had jurisdiction over the case, as also provided by Section 22.226. |
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Sec. 22.103. ASCERTAINMENT OF FACTS. The supreme court [of
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criminal appeals] may ascertain, on affidavit or otherwise, the |
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matters of fact that are necessary to the exercise of its |
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jurisdiction. |
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SECTION 9. Section 22.105(a), Government Code, is amended |
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to read as follows: |
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(a) The fact that a justice [judge] of the supreme court [of
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criminal appeals] is disqualified under the constitution and laws |
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of this state to hear and determine a case shall be certified to the |
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governor. |
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SECTION 10. Sections 22.106(a), (c), and (d), Government |
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Code, are amended to read as follows: |
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(a) The chief justice [presiding judge] of the supreme court |
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[of criminal appeals], with the concurrence of a majority of the |
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justices [judges] of the supreme court [of criminal appeals], may |
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designate and appoint a retired appellate judge or district judge |
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who has consented to be subject to appointment, or an active |
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appellate judge or district judge, to sit as a commissioner of the |
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supreme court [of criminal appeals]. A designated judge must |
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consent to the designation and appointment. The chief justice |
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[presiding judge] may designate and appoint as many commissioners |
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as the chief justice considers [he deems] necessary to aid the court |
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in disposing of its business. |
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(c) The opinions of a commissioner shall be submitted to the |
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supreme court [of criminal appeals] for approval. When approved by |
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a majority of the court, an opinion of a commissioner has the same |
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weight and legal effect as an opinion originally prepared by the |
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supreme court [of criminal appeals]. |
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(d) The compensation of a judge while sitting as a |
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commissioner of the supreme court [of criminal appeals] shall be |
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paid out of money appropriated from the general revenue fund for |
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that purpose in an amount equal to the salary of the justices |
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[judges] of the supreme court [of criminal appeals] and shall be in |
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lieu of the retirement allowance that the judge receives or in lieu |
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of the compensation the judge [he] receives as an active judge of |
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another court. In addition to the compensation, a judge sitting as |
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a commissioner of the court is entitled to receive the judge's [his] |
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actual travel expenses to and from Austin and a $25 per diem while |
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the judge [he] is assigned to the supreme court [of criminal
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appeals] in Austin. |
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SECTION 11. Sections 22.107, 22.108, 22.109, and 22.1095, |
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Government Code, are amended to read as follows: |
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Sec. 22.107. COMMISSION IN AID OF SUPREME COURT [OF
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CRIMINAL APPEALS]. (a) In addition to the authority granted by |
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Section 22.106 [of this code], the supreme court [of criminal
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appeals] may appoint a commission for the aid of the court in |
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disposing of the business before the court. The commission in aid |
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of the court shall discharge the duties that are assigned it by the |
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supreme court [of criminal appeals]. |
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(b) The commission shall be composed of two attorneys having |
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the qualifications fixed by the constitution and laws of this state |
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for a justice [judge] of the supreme court [of criminal appeals]. |
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Commissioners serve two-year terms that expire September 1 of each |
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odd-numbered year. |
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(c) The opinions of the commissioners in aid of the court |
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shall be submitted to the supreme court [of criminal appeals] for |
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approval. When approved by a majority of the court and handed down |
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as an opinion of the court, an opinion of a commissioner in aid of |
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the court has the same weight and legal effect as an opinion |
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originally prepared and handed down by the supreme court [of
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criminal appeals]. |
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(d) Each member of the commission is entitled to receive for |
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the member's [his] services the salary that is provided by law. |
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(e) The supreme court [of criminal appeals] by appointment |
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may fill a vacancy on the commission in aid of the court that is |
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created by the death, resignation, or removal of a member of the |
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commission. A person appointed to fill a vacancy continues in |
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office for the unexpired portion of the term for which the |
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commissioner vacating the office was appointed. |
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(f) The supreme court [of criminal appeals] shall appoint |
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two stenographers for the commission. |
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Sec. 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL |
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CASES. (a) The supreme court [of criminal appeals] is granted |
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rulemaking power to promulgate rules of posttrial, appellate, and |
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review procedure in criminal cases except that its rules may not |
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abridge, enlarge, or modify the substantive rights of a litigant. |
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(b) The supreme court [of criminal appeals] may promulgate a |
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comprehensive body of rules of posttrial, appellate, and review |
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procedure in criminal cases and from time to time may promulgate a |
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specific rule or rules of posttrial, appellate, or review procedure |
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in criminal cases or an amendment or amendments to a specific rule |
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or rules. Rules and amendments adopted under this subsection are |
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effective at the time the supreme court [of criminal appeals] |
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considers expedient in the interest of a proper administration of |
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justice. The rules and amendments to rules remain in effect unless |
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and until disapproved, modified, or changed by the legislature. |
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The clerk of the supreme court [of criminal appeals] shall file with |
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the secretary of state the rules or amendments to rules promulgated |
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by the supreme court [of criminal appeals] under this subsection. |
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(c) The rules of posttrial, appellate, and review procedure |
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in criminal cases shall be published in the Texas Register and in |
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the Texas Bar Journal. The supreme court [of criminal appeals] may |
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adopt the method it considers expedient for the printing and |
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distribution of the rules. |
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Sec. 22.109. RULES OF EVIDENCE IN CRIMINAL CASES. (a) The |
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supreme court [of criminal appeals] has the full rulemaking power |
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in the promulgation of rules of evidence in the trials of criminal |
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cases, except that its rules may not abridge, enlarge, or modify the |
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substantive rights of a litigant. |
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(b) The supreme court [of criminal appeals] may promulgate a |
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comprehensive body of rules of evidence in the trials of criminal |
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cases and from time to time may promulgate a specific rule or rules |
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of evidence or an amendment or amendments to a specific rule or |
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rules. Rules and amendments adopted under this subsection are |
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effective at the time the supreme court [of criminal appeals] |
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considers expedient in the interest of a proper administration of |
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justice. The rules and amendments to rules remain in effect unless |
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and until disapproved by the legislature. The secretary of state |
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shall report the rules or amendments to rules to the next regular |
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session of the legislature by mailing a copy of the rules or |
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amendments to rules to each elected member of the legislature on or |
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before December 1 immediately preceding the session. |
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(c) The rules of evidence in the trials of criminal cases |
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shall be published in the Texas Register and in the Texas Bar |
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Journal. The supreme court [of criminal appeals] may adopt the |
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method it considers expedient for the printing and distribution of |
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the rules. |
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Sec. 22.1095. RULES ON ELECTRONIC FILING OF DOCUMENTS FOR |
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CAPITAL CASES IN SUPREME COURT [OF CRIMINAL APPEALS]. |
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[(a)] Notwithstanding Subchapter I, Chapter 51, or any other law, |
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the supreme court [of criminal appeals] may adopt rules and |
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procedures providing for and governing the electronic filing of |
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briefs, pleadings, and other documents for capital cases in that |
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court. |
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[(b) In the adoption of rules and procedures under
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Subsection (a), the court of criminal appeals shall coordinate with
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the supreme court and the rules and procedures adopted by that
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court.] |
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SECTION 12. Sections 22.110(a), (b), (c), and (e), |
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Government Code, are amended to read as follows: |
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(a) The supreme court [of criminal appeals] shall assure |
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that judicial training related to the problems of family violence, |
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sexual assault, and child abuse and neglect is provided. |
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(b) The supreme court [of criminal appeals] shall adopt the |
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rules necessary to accomplish the purposes of this section. The |
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rules must require each district judge, judge of a statutory county |
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court, associate judge appointed under Chapter 54 of this code or |
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Chapter 201, Family Code, master, referee, and magistrate to |
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complete at least 12 hours of the training within the judge's first |
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term of office or the judicial officer's first four years of service |
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and provide a method for certification of completion of that |
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training. At least four hours of the training must be dedicated to |
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issues related to child abuse and neglect and must cover at least |
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two of the topics described in Subsections (d)(8)-(12). At least |
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six hours of the training must be dedicated to the training |
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described by Subsections (d)(5), (6), and (7). The rules must |
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require each judge and judicial officer to complete an additional |
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five hours of training during each additional term in office or four |
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years of service. At least two hours of the additional training |
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must be dedicated to issues related to child abuse and |
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neglect. The rules must exempt from the training requirement of |
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this subsection each judge or judicial officer who files an |
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affidavit stating that the judge or judicial officer does not hear |
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any cases involving family violence, sexual assault, or child abuse |
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and neglect. |
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(c) In adopting the rules, the supreme court [of criminal
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appeals] may consult with [the supreme court and with] professional |
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groups and associations in the state that have expertise in the |
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subject matter to obtain the recommendations of those groups or |
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associations for instruction content. |
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(e) The supreme court [of criminal appeals] or the court's |
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designee shall report the name of a judge or judicial officer who |
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does not comply with the requirements of this section to the State |
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Commission on Judicial Conduct. |
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SECTION 13. Sections 22.1105(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The supreme court [of criminal appeals] shall adopt the |
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rules necessary to provide for the training required under |
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Subsection (a). The rules must require a judge described by |
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Subsection (a) to complete two hours of the required training every |
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judicial academic year that ends in a 0 or a 5 as part of the |
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training the judge is required to complete under rules adopted by |
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the supreme court [of criminal appeals] or other law. |
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(c) In adopting the rules, the supreme court [of criminal
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appeals] may consult with [the supreme court and with] professional |
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groups and associations in this state that have expertise in the |
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subject matter to obtain the recommendations of those groups or |
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associations for instructional content. |
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SECTION 14. Section 22.111, Government Code, is amended to |
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read as follows: |
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Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO |
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PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The supreme |
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court [of criminal appeals] shall provide to prosecuting attorneys |
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training related to the use of Section 12.47, Penal Code, and |
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Article 42.014, Code of Criminal Procedure, for enhancing |
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punishment on a finding that an offense was committed because of the |
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defendant's bias or prejudice as defined in Article 42.014, Code of |
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Criminal Procedure. |
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SECTION 15. Sections 22.226 and 22.301, Government Code, |
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are amended to read as follows: |
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Sec. 22.226. MANDATE. When the court from which an appeal |
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is taken is deprived of jurisdiction over the case pending the |
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appeal and the case is determined by a court of appeals or the |
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supreme court [of criminal appeals], the mandate of the appellate |
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court that determines the case shall be directed to the court that |
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had jurisdiction over the case, as also provided by Section 22.102. |
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Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF |
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APPELLATE COURTS. The salaries of the state prosecuting attorney |
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and the clerks, other officers, and employees of the supreme |
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court[, court of criminal appeals,] and courts of appeals shall be |
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determined by the legislature in its appropriation acts for the |
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support of the judiciary. |
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SECTION 16. Section 22.302(a), Government Code, is amended |
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to read as follows: |
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(a) At the discretion of its chief justice [or presiding
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judge], the supreme court[, the court of criminal appeals,] or a |
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court of appeals may order that oral argument be presented through |
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the use of teleconferencing technology. The court and the parties |
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or their attorneys may participate in oral argument from any |
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location through the use of teleconferencing technology. |
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SECTION 17. The following sections of the Government Code |
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are repealed: |
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(1) Sections 22.0035(d) and (e); |
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(2) Section 22.101; and |
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(3) Section 22.112. |
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SECTION 18. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 82nd Legislature, Regular |
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Session, 2011, to abolish the court of criminal appeals and vest |
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that court's criminal jurisdiction in the supreme court takes |
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effect. If that amendment is not approved by the voters, this Act |
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has no effect. |